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Food Manufacturers Toxic Exposure

Mayer Brown

Heavy Metals in Rice Class Action Raises Increasing Risks for Retailers and Distributors

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A recently filed class action lawsuit in the US District Court for the Western District of Washington underscores growing legal risks for retailers and distributors of rice products in the United States. Plaintiffs in Wright...more

Troutman Pepper Locke

Texas AG Spurs National Reform for General Mills

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Texas Attorney General (AG) Ken Paxton announced that General Mills has agreed to remove petroleum-based artificial dyes from its cereals and school food products throughout the U.S. by summer 2026, and from its entire U.S....more

Holland & Knight LLP

Dark Chocolate and Heavy Metals

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In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits. Consumer Reports discovered something...more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Downey Brand LLP

Surprising Surge in Sauces Tops Prop. 65 Food Notices in Third Quarter 2023

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Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

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Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

Womble Bond Dickinson

Lead Exposure in Children

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Lead poisoning in children has been a known risk for more than 100 years. Toxic exposures to lead and other heavy metals can lead to problems with learning, cognition and behavior....more

Jenner & Block

Ninth Circuit Decision Foreshadows Major Blow to Prop 65 Acrylamide Claims

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On Thursday, March 17, 2022, the Ninth Circuit issued a critical decision in California Chamber of Commerce v. CERT, No. 21-15745 (9th Cir. 2022), reinstating a preliminary injunction against the filing or prosecuting of any...more

Hogan Lovells

Mounting pressure at both federal and state levels to expand PFAS oversight in food packaging

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California and Vermont have recently joined a growing list of states that have passed legislation banning the use of per- and polyfluoroalkyl substances (PFAS) in food packaging. Relatedly, a group of environmental, consumer,...more

Downey Brand LLP

Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals,...

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In April, much to the relief of food and consumer products industries, Proposition 65 (“Prop. 65”) citizen plaintiff groups sent roughly half of the number of 60-Day Notices of Violation (“Notices”) that they sent in prior...more

Hogan Lovells

California’s OEHHA proposed modified regulation on warnings for chemicals formed during cooking

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On Friday, 16 April 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed modified language for its new regulation on the warning...more

Hogan Lovells

FDA releases Closer to Zero: An action plan to reduce exposure to toxic elements in children’s foods

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The U.S. Food and Drug Administration recently announced a new initiative called Closer to Zero, which is an action plan that identifies steps the agency will take over the next three years (and beyond) to reduce exposure to...more

Alston & Bird

Federal Judge Enjoins Enforcement of Prop. 65 Warning Requirements for Acrylamide in Food and Beverages

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A California district court has granted a preliminary injunction to the California Chamber of Commerce and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food. Our Environment, Land...more

Hogan Lovells

Congress introduces legislation to regulate heavy metal action levels in infant and toddler foods

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Last week, members of both chambers of Congress announced the introduction of new legislation – the Baby Food Safety Act of 2021 – that would establish limitations on the levels of certain heavy metals in infant and toddler...more

Hogan Lovells

Proposed Regulation would Significantly Change the Warning Requirements for Acrylamide and Other Chemicals Formed During the...

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On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), proposed to adopt a new regulation that would significantly change the...more

Bilzin Sumberg

Big Win For General Mills as Eleventh Circuit Affirms Dismissal of Contaminated Cheerios Class Action

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On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2020: Lead, Arsenic and Cadmium in Seaweed, Shrimp & Dietary Supplements, New...

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California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products (including foods) sold in California if use...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2020: Arsenic, Cadmium and Lead in Seaweed & Seafood Products, Acrylamide in Toasted...

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California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products (including foods) sold in California if use...more

Buchalter

Updates on California’s Proposition 65 for 2020

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New year, same notices! Prop. 65 filings have not slowed down, and predictably, the same chemicals are being targeted by noticing parties. In my survey of notices filed between December 15, 2019 and the present date, there...more

Downey Brand LLP

2019 A Creative Year for Proposition 65 Plaintiffs – Acrylamide in Ice Cream Cones, Cadmium and Lead in Seaweed, Furfuryl Alcohol...

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California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products sold in California if use of the products...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Bilzin Sumberg

Speculative Claims Sink Cheerios Glyphosate Suit

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The active ingredient in popular weed killers, glyphosate, has gotten bad press lately.  Thousands of plaintiffs have alleged that exposure to it caused their cancers.  Jurors have responded by invoking punitive damages and...more

Buchalter

Prop. 65 updates for the summer!

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My review of recently filed notices of violation, affirms that many of the same noticing parties and counsel are still on the hunt for low dollar consumer items that contain phthalates. There has been an interesting...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l April 2019 #3

FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc - In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more

Bilzin Sumberg

Dishing Out the Latest F&B Litigation Updates: Part 4

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In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case - Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) - The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more

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